Uzbek asylum seeker detained at ICE check-in after two years in US wins habeas release
Aug 19, 2026·Location: Philadelphia, PA
Country of origin: Uzbekistan
An Uzbek asylum seeker, a citizen of Uzbekistan, entered the United States without inspection in November 2023 and was apprehended shortly after by Customs and Border Patrol, issued a Notice to Appear, and released into the country pending removal proceedings. He resided in the US for over two years and filed an asylum application in April 2024. On August 19, 2026, he was arrested at a scheduled ICE check-in and transferred to the Federal Detention Center in Philadelphia. He filed a habeas corpus petition the same day, arguing his mandatory detention without a bond hearing under 8 U.S.C. § 1225(b)(2) was unlawful. The Government argued he remained an 'applicant for admission' subject to mandatory detention. The court held that § 1225 applies only to newly arriving noncitizens, not those like him who have resided in the country for years, and that his detention was instead governed by § 1226(a). The court granted his habeas petition and ordered his immediate release.
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